Terms of Service

Open Order is a pickup ordering platform that allows customers to order food and related items from participating vendors, including food carts and vendors located in food pods.

Open Order may help facilitate ordering, checkout, payment processing, order routing, pickup coordination, and customer notifications. Participating vendors are responsible for preparing the food or items they sell through the platform.

You must be at least 13 years old to use Open Order. By using Open Order, you represent that you are legally able to enter into these Terms.

If you use Open Order on behalf of a business or organization, you represent that you have authority to bind that business or organization to these Terms.

You may need an account to use certain features. You agree to provide accurate information and keep your account information current.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

Open Order may suspend or terminate accounts that violate these Terms, create risk, abuse the platform, or interfere with service operations.

When you place an order through Open Order, you agree to pay the full amount shown at checkout, including applicable item prices, taxes, fees, and tips.

Orders are subject to vendor availability, item availability, operating hours, and successful payment authorization.

Open Order and participating vendors may cancel or reject orders due to unavailable items, payment issues, suspected fraud, operational issues, or other reasonable causes.

Open Order is currently intended for pickup orders unless otherwise stated.

You are responsible for reviewing the pickup location, estimated timing, pickup instructions, and pickup code.

Food quality, preparation timing, and item availability may vary by vendor. Open Order may provide estimated times, but estimated times are not guaranteed.

Payments are processed by third-party payment processors. By placing an order, you authorize the applicable payment processor to charge your selected payment method.

Open Order may charge service fees, platform fees, or other fees shown at checkout.

Tips are intended for participating vendors or vendor staff according to Open Order’s applicable tip allocation process.

All prices and fees are shown before purchase and may change over time.

Refund eligibility depends on the circumstances of the order, vendor status, payment status, and applicable policies.

Open Order may issue full or partial refunds at its discretion or as required by law. Refund timing may depend on payment processor and bank processing timelines.

If there is an issue with your order, you should report it through the order page or support channel as soon as possible.

By providing your phone number and opting in, you agree to receive transactional SMS messages from OpenOrder. These messages may include verification codes, order confirmations, order status updates, pickup-ready alerts, cancellation notices, completed-order notices, and order issue notices.

Message frequency varies based on account activity and order activity. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.

You can opt out at any time by replying STOP to any OpenOrder SMS message. After you opt out, you may no longer receive SMS updates related to your orders unless you opt in again. You can reply HELP for help or contact OpenOrder at openorder.business@gmail.com.

OpenOrder does not send marketing or promotional SMS messages under this transactional messaging program.

See our SMS Messaging Consent page for where customers opt in and the exact consent language used in the app.

Open Order may send transactional emails related to your account, orders, receipts, refunds, support requests, policy updates, and service operations.

You may opt out of non-transactional emails where applicable, but we may still send important transactional or service-related emails.

You agree not to:

• Use Open Order for unlawful purposes
• Submit false, misleading, or fraudulent information
• Interfere with platform operation or security
• Attempt to access another user’s account
• Abuse refunds, promotions, credits, or order issue systems
• Harass vendors, customers, pod operators, or Open Order personnel
• Reverse engineer, scrape, or misuse the platform
• Upload malicious code or attempt to disrupt the service

Participating vendors are responsible for preparing orders, setting menu availability, maintaining accurate item information where applicable, and complying with food safety, licensing, tax, and business obligations.

Open Order is not responsible for the acts, omissions, food preparation practices, ingredient handling, allergen practices, or food safety practices of independent vendors.

Customers with allergies or dietary restrictions should contact the vendor directly or avoid ordering items where safety cannot be confirmed.

Open Order may be unavailable from time to time due to maintenance, outages, vendor system issues, payment processor issues, internet problems, or other causes.

We do not guarantee uninterrupted or error-free service.

Open Order may offer promotions, discounts, or credits. These may be subject to additional terms, expiration dates, availability limits, and eligibility requirements.

Open Order may modify, suspend, or cancel promotions at any time, subject to applicable law.

Open Order’s website, software, design, branding, logos, content, and related materials are owned by Open Order or its licensors and are protected by applicable intellectual property laws.

You may not copy, modify, distribute, sell, or exploit Open Order materials without permission.

Your use of Open Order is also governed by our Privacy Policy, which explains how we collect, use, and protect information.

Open Order is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, Open Order disclaims warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the fullest extent permitted by law, Open Order will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or business interruption.

To the fullest extent permitted by law, Open Order’s total liability for any claim related to the service will not exceed the amount you paid to Open Order for the order giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some of the above limitations may not apply to you.

You agree to defend, indemnify, and hold harmless Open Order and its owners, employees, contractors, partners, vendors, and service providers from claims, damages, liabilities, costs, and expenses arising from your use of Open Order, your violation of these Terms, your misuse of the service, or your violation of law.

We may update these Terms from time to time. If we make material changes, we will update the effective date and may provide additional notice.

Your continued use of Open Order after updated Terms become effective means you accept the updated Terms.

These Terms are governed by the laws of the State of Oregon, without regard to conflict of law principles, unless applicable law requires otherwise.

For questions about these Terms, contact us at:

Related: Privacy Policy